Maney v. Killough
Tennessee Supreme Court
On the 15th of August 1832, William Richardson ex-*, ecuted to the plaintiff aTleed of mortgage for a tract of land, several negroes, horses, cattle, and some furniture, to secure him against liability by reason of his surety-ship for said Richardson, for the payment to John R. Wilson, of four promisory notes, for the sum of six hundred dollars each, dated the 28th of August 1829, and due the 1st and the 28th of August 1831, the 2d and the 28th of August 1832, the 3d and the…
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On the 15th of August 1832, William Richardson ex-*, ecuted to the plaintiff aTleed of mortgage for a tract of land, several negroes, horses, cattle, and some furniture, to secure him against liability by reason of his surety-ship for said Richardson, for the payment to John R. Wilson, of four promisory notes, for the sum of six hundred dollars each, dated the 28th of August 1829, and due the 1st and the 28th of August 1831, the 2d and the 28th of August 1832, the 3d and the 28th of August 1833, and the 4th and the 28th of August 1834, and a note to William T. Chaistry for four hundred and…
1Opinion of the CourtGreen, J.
The court, among other things, told the jury that “the mortgage vested in the plaintiff the right to immediate possession to the property in the mortgage deed, except the land; and that the mortgagor’s continuing in possession of any of the personal property any length of time after the execution of the mortgage, of the nature of this, including all his property of every description, would be prima facie evidence of fraud; and that such possession being inconsistent with the mortgage deed, would render it prima facie fraudulent; and that presumption must remain, unless the plaintiff has…
2Cited by1 opinion
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